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(영문) 서울동부지방법원 2018.01.17 2016나26831
대여금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The Plaintiff, on the second and third floors of the Seocho-gu Seoul Metropolitan Government DD Building, lent money related to the operation of the cosmetic room to the F who operated the cosmetic room (hereinafter “E”). On March 4, 2015, the Plaintiff was drafted a notarial deed of recognition of compulsory execution with a content that, from March 4, 2015 to August 15, 2017, KRW 90 million,000,000,000 as the above loan was paid in equal equal to KRW 3 million on March 15, 2015, and, in the event of delay, the payment of the delayed principal and interest was paid in addition to the damages for delay calculated at a rate of 21% per annum.

On May 21, 2015, the Defendant invested KRW 75 million to F as the fund for the beauty art room. The Defendant, as a security of the return of investment, took over the beauty art room in the form of subleting the above beauty art room to F, and transferred the name of the lessee regarding the beauty art room in the name of the Defendant, and the funds related to the beauty art room including the bank passbook, including the bank passbook, were managed by the Defendant (hereinafter “the first investment agreement”).

On June 23, 2015, the Defendant made an additional investment in F within the limit of KRW 50 million with funds for the operation and repayment of obligations of the beauty art room. The Defendant, except for the technical management and personnel management of the beauty art room, shall operate all parts of the beauty art room. In consideration of the following business circumstances, the Defendant sold the beauty art room of this case or agreed to directly operate the beauty art room (hereinafter “the second investment agreement”).

[Reasons for Recognition] Facts without dispute between the parties, Gap evidence 1, 2, and 9-1 and 2, the purport of the whole pleadings

2. We examine the determination on the cause of the claim. In light of the following circumstances, the Defendant, as an operator of the beauty art room of this case, KRW 80 million out of the Plaintiff’s obligations against the Plaintiff, as an operator of the beauty art room of this case, in light of the following circumstances, as a whole, the written evidence Nos. 3, 4, and 7-1, 8-1, and the witness F’s testimony.

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